§ 499 — Groundless threats of legal proceedings for copyright infringement

499.—(1) This section applies where a person (X) threatens another person (Y) with any proceedings in respect of an infringement of copyright.(2) Y or any aggrieved person may bring an action in the Court against X.

(3) In an action under subsection (2), the claimant may —(a)

obtain a declaration to the effect that the threat is unjustifiable;

(b)

obtain an injunction against the continuance of the threat; and

(c)

recover such damages (if any) as the claimant has sustained.

(4) Subsection (3) does not apply if X proves that the acts in respect of which X has threatened proceedings are (or would, if done, be) an infringement of copyright.

(5) To avoid doubt, X may, in an action under subsection (2), make a counterclaim for an infringement of copyright.

(6) This section does not make an advocate and solicitor liable for anything done by him or her in his or her professional capacity on behalf of a client.

(7) For the purposes of this section —(a)

it does not matter whether the threat is made by a circular, an advertisement or otherwise;

(b)

it does not matter whether X is or is not the owner or an exclusive licensee of the copyright concerned; and

(c)

the mere notification of the existence of a copyright is not a threat of proceedings.

—(1) This section applies where a person (X) threatens another person (Y) with any proceedings in respect of an infringement of copyright.

(2) Y or any aggrieved person may bring an action in the Court against X.

(3) In an action under subsection (2), the claimant may —(a)

obtain a declaration to the effect that the threat is unjustifiable;

(b)

obtain an injunction against the continuance of the threat; and

(c)

recover such damages (if any) as the claimant has sustained.

(4) Subsection (3) does not apply if X proves that the acts in respect of which X has threatened proceedings are (or would, if done, be) an infringement of copyright.

(5) To avoid doubt, X may, in an action under subsection (2), make a counterclaim for an infringement of copyright.

(6) This section does not make an advocate and solicitor liable for anything done by him or her in his or her professional capacity on behalf of a client.

(7) For the purposes of this section —(a)

it does not matter whether the threat is made by a circular, an advertisement or otherwise;

(b)

it does not matter whether X is or is not the owner or an exclusive licensee of the copyright concerned; and

(c)

the mere notification of the existence of a copyright is not a threat of proceedings.